so they're not sure if you're affiliated with that person or you're possibly that person that's why we're out here the encounter began when a driver was legally parked on the side of the street and remained inside his vehicle under the Fourth Amendment of the US Constitution individuals have the right to be secure against unreasonable searches and seizures including being questioned without suspicion of a crime officer Mi approached stating that a call was made about the vehicle and questioning the driver's presence the driver invoking his Fifth Amendment right to remained silent declined to answer questions as no law required him to explain his actions despite the driver's calm and lawful stance the officer refused to clarify if the driver was being detained the refusal to provide Clarity demonstrated unprofessionalism prompting the driver to assert his constitutional rights further everything okay everything is okay okay I'm officer M with the viol police department just let you know everything is being audio video reporter likewise all right we got a call somebody had noticed that you were sitting here for an extended period of time so mainly just checking to make sure that everything's all right everything's perfect okay is there a reason why you may be sitting here we have to answer any questions I'm just curious as to why you've been sitting here for as long as you have I'm going to invoke my Fifth Amendment right remain remain silent since I'm not breaking any laws all right are you the registered owner of this vehicle I have the tag so I have a name [Music] and I'm going to invoke my 5 minute rate without having a li to ask questions are you in need of any assistance sir any medical assistance at all I'm going to invoke my Fifth Amendment right since I'm not breaking any laws and there's no law I have no law your presence okay all right just sit tight for me okay am I detend am I detend am I detend am I detend shortly after two additional officers arrived including officer G Kazi who stated the driver was detained solely based on the call they received as established in Terry versus Ohio an officer must have Reasonable Suspicion of criminal activity to detain an individual temporarily the driver continued invoking his rights and pointed out the lack of articulable facts linking him to any crime the officers explained that the call was related to a restraining order in the area but could not provide specific evidence connecting the driver to the individual named in the order the driver emphasized that unfounded suspicions did not override his constitutional protections by questioning the officer's action he effectively highlighted their failure to conduct a proper investigation before escalating the encounter hello sir hi are you familiar with the Bill of Rights am I familiar with it yes are you familiar with the first the fourth fifth amendment yes are you are you also familiar with the Bill of Rights yep the first the fourth the fifth amendment yep I'm going to invoke my first my fourth and my Fifth Amendment right now how about how about you sir you you familiar with them as well I am very familiar with them so the reason why we're here I'll tell you what it is straight up I mean somebody called us they're saying you're you're out here right they're they're concerned cuz you're sitting here and they're not sure if they they have a restraining order in effect right so they're not sure if you're affiliated with that person or you're possibly that person that's why we're out here so long I mean not to give you a hard time right now they restraining order doesn't have anything to do with me okay that's why we're just verifying all right I got it but it has nothing to do with me I'm not doing anything illegal d d d don't Trum my rights I'm just let you know why we're here they called us and that's why we're here but I'm going to reinvoke my Fifth Amendment right to remain silent without a lawyer present from this point am I being detained are you being detained right now uh yes we're trying we're doing an investigation for a violation that involves me we're not sure if it evolves you or not yet that's why we're trying to figure it out right now don't worry we'll figure it out so detaining me for no crime okay I'm sorry you're detaining me for no crime no we're we're not we're speaking to you just trying to figure out what's going on no you said I'm detained speaking is one thing detaining is another thing you're detaining me right we're calling our supervisor I don't know what well what are you doing here sir is there a reason why you're here do I have time any questions do you have to we'll get to that just stand by then don't answer anything right now you're the one driving the Durango I see him yep okay so are you driving this this uh big SUV here right him oh this him okay okay I got you coming up behind hey can I get a can I get a cat number well I don't have it yet yeah whenever you get a chance I'm going tol to why we originally yeah I told him we're investigating a TR possible TR violation so that's the only reason why we approached you the call was a concern about you being here and if whether or not you may be associated with that restraining order as of right now you're not doing anything wrong you're parked on the side of the road your vehicle is registered if you should happen to go somewhere you are not supposed to be which may violate some sort of restraint uh court order then we will handle that situation accordingly of course I expect that yes all right thank you very much sir do you have a supervisor do I have a no are you the surv oh that's fine can you're the one who driving this I'm the original one okay okay okay I wasn't sure no problem man all right sure no problem man cool cool cool you don't need anything from us though correct sir no I don't need anything need of any assistance no just the cut number that's all you want the case number yes please if you don't mind 98 what's the case number out here 9 thank you perfect thank you very much sir appreciate have a good day thanks in the end the supervisor confirmed the driver was not violating any laws and provided a case number upon request under Texas Transportation code section 5 43.1 an officer can only stop or detain a driver if there is probable cause for a traffic violation or crime the driver highlighted how baseless calls waste resources and intimidate law-abiding individuals into compliance his firm understanding of his rights prevented unw warranted identification and interrogation by calmly engaging with the officers the driver exposed the misuse of police Authority in response to baseless allegations the situation concluded with the officers departing without further action leaving the driver as a clear Victor in defending his constitutional rights like And subscribe for more watch the next video thanks for watching